Opinion
570414/06.
Decided February 14, 2008.
Defendant Paul Bogoni d/b/a Biju Realty Company appeals from an order of the Civil Court of the City of New York, New York County (Paul G. Feinman, J.), entered August 8, 2003, which granted plaintiff's motion for summary judgment in an action to enforce a DHCR fair market rent appeal order.
PRESENT: McKEON, P.J., DAVIS, HEITLER, JJ.
Order (Paul G. Feinman, J.), entered August 8, 2003, affirmed, with $10 costs.
Defendant Biju Realty Company is precluded from challenging its status as "owner" in this action to enforce a DHCR fair market rent appeal order, inasmuch as defendant failed to raise the issue during the agency proceeding or by way of an Article 78 challenge to the DHCR order ( see Rosado v Vaccaro, 196 Misc 2d 634). Further, upon submission of the business certificate wherein defendant Bogoni certifies that he transacts business under the name of Biju Realty Company, Civil Court properly awarded judgment against Paul Bogoni d/b/a Biju Realty Company. We also agree that plaintiff is the prevailing party entitled to attorneys' fees ( see Checak v Hakim, 269 AD2d 333).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.